Jump to ContentJump to Main Navigation

You are looking at 1-19 of 19 items

  • Keywords: Indian Supreme Court x
Clear All Modify Search

View:

Restructuring the Courts: Public Interest Litigation in the Indian Courts 1

Sandra Fredman

in Human Rights Transformed: Positive Rights and Positive Duties

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199272761
eISBN:
9780191709814
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272761.003.0006
Subject:
Law, Human Rights and Immigration

Even if courts can play a legitimate democratic role through positive human rights adjudication, they remain limited by their institutional structure, and particularly, the adversarial, passive, and ... More


Jurisprudence on Torture and Interrogations in India

Jinee Lokaneeta

in Transnational Torture: Law, Violence, and State Power in the United States and India

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814752791
eISBN:
9780814765111
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814752791.003.0005
Subject:
Law, Public International Law

This chapter examines the dominant explanations for the persistence of torture in India and the law's continuing struggle to contain excess violence. It also considers how the jurisprudence of ... More


4 Jurisprudence on Torture and Interrogations in India

Jinee Lokaneeta

in Transnational Torture: Law, Violence, and State Power in the United States and India

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814752791
eISBN:
9780814765111
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814752791.003.0005
Subject:
Law, Public International Law

This chapter examines the dominant explanations for the persistence of torture in India and the law's continuing struggle to contain excess violence. It also considers how the jurisprudence of ... More


Revisiting The Role of the Judiciary in Plural Societies (1987): A Quarter-Century Retrospective on Public Interest Litigation in India and the Global South

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0012
Subject:
Law, Constitutional and Administrative Law

This essay revisits a classic work in the field of comparative public interest law, in relation to its conclusions on the potential of Public Interest Litigation (PIL) for countries in the global ... More


Contemporary States of Exception: Extraordinary Laws and Interrogation in India

Jinee Lokaneeta

in Transnational Torture: Law, Violence, and State Power in the United States and India

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814752791
eISBN:
9780814765111
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814752791.003.0006
Subject:
Law, Public International Law

This chapter examines the jurisprudence of interrogations related to the extraordinary legislations in India by focusing on two major laws: the Terrorism and Disruptive Activities (Prevention) Act ... More


5 Contemporary States of Exception: Extraordinary Laws and Interrogation in India

Jinee Lokaneeta

in Transnational Torture: Law, Violence, and State Power in the United States and India

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814752791
eISBN:
9780814765111
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814752791.003.0006
Subject:
Law, Public International Law

This chapter examines the jurisprudence of interrogations related to the extraordinary legislations in India by focusing on two major laws: the Terrorism and Disruptive Activities (Prevention) Act ... More


Institutional Norms and Memories of the Supreme Court

Shylashri Shankar

in Scaling Justice: India's Supreme Court, Social Rights, and Civil Liberties

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195693201
eISBN:
9780199081998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195693201.003.0002
Subject:
Law, Human Rights and Immigration

This chapter describes the nature of the institutional norms and the memories of Supreme Court. The decision-making process of the court, its experience with the legislature and executive, and the ... More


Scaling Justice

Shylashri Shankar

in Scaling Justice: India's Supreme Court, Social Rights, and Civil Liberties

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195693201
eISBN:
9780199081998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195693201.003.0007
Subject:
Law, Human Rights and Immigration

This chapter describes the ramifications of the findings for the choices an Indian Supreme Court justice makes. It also reports the implication of viewing judges as embedded negotiators for theories ... More


The Judiciary: ‘Quite Untouchable’

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the judiciary, whose rulings so often led to the amendments. Prime Minister Nehru believed that the independence of the judiciary has been emphasized in the Indian Constitution ... More


Two Catalytic Defeats

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0011
Subject:
Law, Constitutional and Administrative Law

Exercised though the Prime Minister and her government were over the Golak Nath decision and their inability to overcome it through the Nath Pai Bill, two subsequent Supreme Court decisions ... More


Religious Freedom in India and Pakistan: The Matter of Conversion

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter explores the two leading judgments of the Indian Supreme Court and the Pakistan Federal Shariat Court. In India, in 1995, in a case called Sarla Mudgal v. Union of India, the Supreme ... More


Judicialization of Judicial Appointments?: A Response from the United Kingdom

Chintan Chandrachud

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0016
Subject:
Law, Legal Profession and Ethics

This essay discusses United Kingdom’s transition to the commission model of judicial appointments, with the advent of the Constitutional Reform Act of 2005 (CRA). The essay expounds that the ... More


India: The Politics of Religious Reform and Conflict

Pratap Bhanu Mehta

in Religion, the Enlightenment, and the New Global Order

Published in print:
2011
Published Online:
November 2015
ISBN:
9780231150071
eISBN:
9780231526623
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231150071.003.0007
Subject:
Religion, Religion and Society

This chapter considers the history of India's secular government in dealing with the Hindu majority and sizable Muslim minority. The nation of India has played a prominent part in defining not just ... More


Calling the farce on minority schools

Sandra Fredman, Meghan Campbell, and Helen Taylor (eds)

in Human Rights and Equality in Education: Comparative Perspectives on the Right to Education for Minorities and Disadvantaged Groups

Published in print:
2018
Published Online:
January 2019
ISBN:
9781447337638
eISBN:
9781447337676
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447337638.003.0005
Subject:
Education, Educational Policy and Politics

This chapter looks at the Indian Supreme Court's exemption of minority schools from the requirements of the Right of Children to Free and Compulsory Education Act 2009 (RTE Act). It argues that the ... More


Judges, Preventive Detention, and Anti-Terror Laws

Shylashri Shankar

in Scaling Justice: India's Supreme Court, Social Rights, and Civil Liberties

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195693201
eISBN:
9780199081998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195693201.003.0004
Subject:
Law, Human Rights and Immigration

This chapter investigates the conditions under which the four elements of the embedded negotiator approach impact the likelihood of a judgment favourable to the State. These elements include laws, ... More


The End of Noninterference? The BJP's Rise to Power, 1984–2004

Rina Verma Williams

in Postcolonial Politics and Personal Laws: Colonial Legal Legacies and the Indian State

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195680140
eISBN:
9780199081721
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195680140.003.0006
Subject:
Law, Family Law

This chapter discusses the historical development of the major Hindu nationalist political parties; their policies on noninterference and the personal laws; the actions of the Bharatiya Janata Party ... More


Bribes in Parliament: A Shocking Ruling by the Supreme Court 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0046
Subject:
Law, Constitutional and Administrative Law

This chapter criticises the Indian Supreme Court's April 1998 decision in the Jharkand Mukti Morcha case P.V. Narasimha Rao v State, which held that legislators who take bribes enjoy constitutional ... More


Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Arghya Sengupta and Ritwika Sharma (eds)

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.001.0001
Subject:
Law, Legal Profession and Ethics

In Supreme Court Advocates-on-Record Association v. Union of India [(2016) 5 SCC 1], a five-judge bench of the Supreme Court struck down the 99th Amendment to the Constitution and the National ... More


Biotechnology Regulation in India

Sreenivasulu N.S.

in Law Relating to Biotechnology

Published in print:
2016
Published Online:
November 2016
ISBN:
9780199467488
eISBN:
9780199087358
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199467488.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter dwells on the regulatory structure of biotechnology in India. Ranging from the 1989 rules on manufacture and use of genetically engineered organisms until the 2013 biotechnology ... More


View: